A/HRC/5/7
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65. Brazil has both adopted legislation and taken administrative steps. Act No. 8.159/91
defines national policy on public and private archives. Anyone is allowed access, upon
application, to information in the archives of public services; exceptions may be made where
information must be kept confidential for reasons linked to the security of society or the State, or
the protection of people’s private lives, honour or good names.
66. The administrative measures relate to the transfer to the national archives of documents
from the army, the police and the secret services so that the public can consult non-confidential
documents in accordance with the law in force.
67. The question of archives has also given rise to projects such as the creation of a reference
centre on political repression in Brazil (1964-1985) to serve as a depository for information,
documents, files and artwork of symbolic value connected with the human rights violations
committed during the period of military dictatorship.
68. By presidential decree (No. 1259/2003), Argentina set up the National Memory Archives
where all documents relating to the human rights violations committed under the military regime
are preserved and organized. This, again, is to safeguard the right to the truth.
69. Colombia emphasizes the importance of establishing, organizing and preserving archives
on serious human rights violations and breaches of international humanitarian law. It has passed
an act (No. 594 of 2000) laying down measures to prevent the destruction, removal or
falsification of archives. It also reports that the Office of the Attorney-General of the Nation has
begun to set up a “right to the truth, historical memory and preservation of archives” programme.
70. Switzerland has taken initiatives on a number of fronts as regards the handling of archives
on human rights violations. It is supporting three war crimes archives in the Balkans and is
helping, in Guatemala, to salvage the archives of the national civil police.
IV. NEW DEVELOPMENTS AT THE INTERGOVERNMENTAL LEVEL
A. UNITED NATIONS
71. On 20 December 2006, the General Assembly adopted the International Convention for the
Protection of All Persons from Enforced Disappearance (see paragraph 12 above). In the last
preambular paragraph of the Convention, the States parties recognize the right to the truth:
“Affirming the right of any victim to know the truth about the circumstances of an enforced
disappearance and the fate of the disappeared person, and the right to freedom to seek, receive
and impart information to this end.” Paragraph 2 of article 24 of the Convention furthermore
states: “Each victim has the right to know the truth regarding the circumstances of the enforced
disappearance, the progress and results of the investigation and the fate of the disappeared
person. Each State Party shall take appropriate measures in this regard.”
72. The Working Group on Enforced or Involuntary Disappearances, in its report to the
General Assembly, affirmed that “In any peace and reconciliation scheme the victims’ rights to
truth, justice and reparation must be maintained” (A/61/289, para. 66).
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